Choosing To File Bankruptcy When You Are Going Through A Divorce

21 December 2021
 Categories: , Blog


Many marriages end up in divorce because of financial troubles. If you are planning on a divorce, but you also want to file for bankruptcy, a bankruptcy attorney can help you untangle the process. If you file bankruptcy before you file for divorce, you only pay one fee to file as a couple. When you wait until after your divorce is complete, this can make your divorce process more complicated as you divide up debts. Filing for bankruptcy and divorce at the same time is generally too stressful, and isn't going to speed up the process of either. Work with a bankruptcy lawyer when you are ready to get divorced, but also need to file for bankruptcy.

Filing For Bankruptcy Before Your Divorce

If you file for bankruptcy while you are still married, this makes it easy to discharge both your personal and marital debts at the same time. Once the bankruptcy is complete, there will be no need to argue over marital debt. When your divorce is amicable, filing for bankruptcy before you file your divorce often makes the most sense. When both parties want to discharge debt through bankruptcy, filing together can make it easier.

Filing For Bankruptcy in the Midst of Divorce

Some couples make the mistake of filing for bankruptcy while their divorce is still going on. If there is anything contentious within your divorce, the bankruptcy proceedings are only going to add to your stress. Bankruptcy freezes any assets you have, and makes it more difficult to figure out how to pay your current living expenses. It is not a good plan to go through bankruptcy and divorce at the same time.

When You File For Bankruptcy After Your Divorce is Final

Filing for bankruptcy post divorce is best when only one party is interested in filing for bankruptcy. If you are the one that wants to file bankruptcy, try to take over the debts that can be discharged in a bankruptcy without having responsibility for debts like back taxes. You will be responsible for any debt solely in your name, while the same applies to your ex. 

Bankruptcy doesn't have to be a stressful process, as long as you time your filing right. If you are planning to file for divorce, yet also want to file bankruptcy, speak with a bankruptcy attorney before you file anything. Get the advice you need to complete the process in the easiest way possible.


Share